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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE JOINT RESOLUTION 84            

HOUSE AUTHOR: Uresti et al.

FOR ELECTION: 9-13-03 

SENATE SPONSOR: Van de Putte

            House Joint Resolution 84 proposes a state constitutional amendment to provide that an elected or appointed officer of the state or of any political subdivision who enters active duty in the armed forces of the United States as a result of being called to duty, drafted, or activated, does not vacate the office held and to provide for the appointment of a temporary acting officer to serve in place of the one on active duty in the armed forces. For an officer other than a member of the legislature, the authority who has the power to appoint a person to fill a vacancy may appoint a temporary acting officer; the governor may appoint a temporary acting officer for a state or district office if a vacancy would normally be filled by a special election; and the governing body of a political subdivision may appoint a temporary acting officer for an office of that political subdivision. For an officer who is a member of the legislature, the member of the legislature is required to select a person who meets certain criteria to serve as the temporary acting representative or senator, contingent on approval by a majority vote of the appropriate house of the legislature. Other provisions of the resolution relate to the powers, privileges, duties, and terms of temporary acting officers.